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Pradeep Kumar

31/03/21 17:00 PM IST

Article 244 (A), its relevance for Assam hill tribes, and the politics

What is Article 244(A) of the Constitution?

  • Article 244(A) allows for creation of an ‘autonomous state’ within Assam in certain tribal areas. Inserted into the Constitution in 1969 by the then Congress government, it also has a provision for a Legislature and a Council of Ministers. It also envisages creation of a local legislature or Council of Ministers or both to carry out local administration. It was Inserted into the Constitution by the Twenty-second Constitution Amendment Act, 1969. Article 244(A) accounts for more autonomous powers to tribal areas than the Sixth Schedule. Among these the most important power is the control over law and order.
  • The Sixth Schedule of the Constitution has provisions for the administration of tribal areas in the border states of Assam, Meghalaya, Tripura and Mizoram. It has provisions for the constitution of autonomous districts and councils. Under the Sixth Schedule, autonomous districts and councils have a varying degree of autonomy to frame laws to protect the interests of the tribal.
  • The leaders in Ladakh, however, are demanding powers similar to what has been given to the Bodoland Territorial Council under the Sixth Schedule. The Bodoland Territorial Council has been given greater autonomy to frame laws in comparison to other District Councils. As per the Constitution, the Bodoland Territorial Council can make laws on 39 additional subjects such as culture, education, health and agriculture, labour and employment, land and revenue among others.
  • In the Constituent Assembly of India, J.J.M. Nichols Roy spearheaded the demand for autonomous governance in the tribal regions. Roy, a tribal from the Khasi hills in present-day Meghalaya, informed the Assembly about the apprehensions of hill tribes about living under the newly-formed Indian State. He proposed to address their concerns by creating the Sixth Schedule, which would give them the right to self-governance in accordance with their traditions. Roy’s proposal, which was backed by the Chairman of the Drafting Committee B.R. Ambedkar, was accepted. The Sixth Schedule was added to the Indian Constitution on 7th September 1949.

Why the act passed by Parliament and State legislatures not levied in these regions?

  • The Autonomous District Councils(ADCs) are empowered with civil and judicial powers, can constitute village courts within their jurisdiction to hear trial of cases involving the tribes. Governors of states that fall under the Sixth Schedule specifies the jurisdiction of high courts for each of these cases.
  • The councils are also empowered to make legislative laws on matters like land, forests, fisheries, social security, entertainment, public health, etc. with due approval from the governor. The roles of the central and state governments are restricted from the territorial jurisdiction of these autonomous regions.
  • Also, Acts passed by Parliament and state legislatures may or may not be levied in these regions unless the President and the governor gives her or his approval, with or without modifications in the laws for the autonomous regions.

When did the demand for separate hill state in Assam arises ?

  • In the 1950s, a demand for a separate hill state arose around certain sections of the tribal population of undivided Assam. In 1960, various political parties of the hill areas merged to form the All Party Hill Leaders Conference, demanding a separate state. After prolonged agitations, Meghalaya gained statehood in 1972.
  • The leaders of the Karbi Anglong and North Cachar Hills were also part of this movement. They were given the option to stay in Assam or join Meghalaya.” They stayed back as the then Congress government promised more powers, including Article 244 (A). Since then, there has been a demand for its implementation.
  • In the 1980s, this demand took the form of a movement with a number of Karbi groups resorting to violence. It soon became an armed separatist insurgency demanding full statehood.
  • While in February 2021, 1,040 militants of five militant groups of Karbi Anglong district ceremonially laid down arms at an event in Guwahati in the presence of Chief Minister Sarbananda Sonowal, the entire political discourse here still revolves around the demand for grant of ‘autonomous state’ status to the region.

Where the powers of administration of tribal areas in Assam are mentioned ?

  • The Sixth Schedule consists of provisions for the administration of tribal areas in Assam, Meghalaya, Tripura and Mizoram, according to Article 244 of the Indian Constitution.
  • Passed by the Constituent Assembly in 1949, it seeks to safeguard the rights of tribal population through the formation of Autonomous District Councils (ADC). ADCs are bodies representing a district to which the Constitution has given varying degrees of autonomy within the state legislature.  
  • The governors of these states are empowered to reorganise boundaries of the tribal areas. In simpler terms, she or he can choose to include or exclude any area, increase or decrease the boundaries and unite two or more autonomous districts into one. They can also alter or change the names of autonomous regions without a separate legislation.

Who provides for setting up of regional councils in Autonomous regions?

  • Along with ADCs, the Sixth Schedule also provides for separate Regional Councils for each area constituted as an autonomous region. In all, there are 10 areas in the Northeast that are registered as autonomous districts – three in Assam, Meghalaya and Mizoram and one in Tripura. These regions are named as district council of (name of district) and regional council of (name of region).
  • Each autonomous district and regional council consists of not more than 30 members, of which four are nominated by the governor and the rest via elections. All of them remain in power for a term of five years.
  • The Bodoland Territorial Council, however, is an exception as it can constitute up to 46 members out of which 40 are elected. Of these 40 seats, 35 are reserved for the Scheduled Tribes and non-tribal communities, five are unreserved and the rest six are nominated by the governor from unrepresented communities of the Bodoland Territorial Areas District (BTAD).

How is it different from the Sixth Schedule of the Constitution?
The Sixth Schedule of the Constitution — Articles 244(2) and 275(1) — is a special provision that allows for greater political autonomy and decentralised governance in certain tribal areas of the Northeast through autonomous councils that are administered by elected representatives. In Assam, the hill districts of Dima Hasao, Karbi Anglong and West Karbi and the Bodo Territorial Region are under this provision.
Article 244(A) accounts for more autonomous powers to tribal areas. Among these the most important power is the control over law and order. “In Autonomous Councils under the Sixth Schedule, they do not have jurisdiction of law and order.

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